Lawyers using email to communicate with clients is the norm. There is usually an expectation and understanding that these communications are privileged. But, can the privilege be lost? Consider the following scenario. Click to post for answer. Good luck!
Texting is ubiquitous in our culture, which makes it too easy to embrace that reality by texting day and night regardless of the setting just like everyone else does. The question I’d like to ask is this. Is doing so a good thing, particularly for a lawyer? Remember recent rule changes. Comment 8 to ABA Model Rule 1.1 Competency reminds lawyers that they are to “keep abreast of changes in the law and its practice to include the benefits and risks associated with relevant technology.” If you are communicating with clients via text messaging, have you thought about the ramifications of doing so?
Unwanted touching in the work place is conduct that would not be appropriate. Such conduct has been the subject of attorney discipline. But, what about inappropriate communications? Should lawyers be disciplined for that they say?